PCN from APCOA - Luton Airport - on public road?

Savingallmymoney

Hi all, I'm new around these parts. Firstly, I've read and (mostly) understood the newbie thread about PCN's. I'm just not sure about what I should write as a first appeal. The notice was sent to me as I'm the registered keeper at DVLA of this particular car. The reason I received this PCN is that the driver of the car stopped at a bus stop for around 10 seconds on the public road outside the Mid-Term Car Park. The reason given on the PCN letter was 'Failing to park in a designated parking area'.

If I use the basic template as listed in the Newbie thread deleting non-relevant parts, would that be enough? Do I need to include anything else? The driver didn't even enter their car park, they were just using the public road outside...

I think this is the part of the template to send:

Re PCN number: xxxx

I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.

There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague template, I require an explanation of the allegation and your evidence. You must include a close up actual photograph of the sign you contend was at the location on the material date as well as your images of the vehicle.

I don't think there's anything else relevant in the template to this situation? Having looked on Google Maps there are only small signs on lamp posts about ANPR being in use and a charge of £95 for infringements. Nothing about APCOA. Surely they don't have jurisdiction on a public road anyway?

Sorry if you've all read this a million times before - I've never had to deal PCN from a private company before and am a little confused as to the way to word things in order to maximise the chances of the ticket being dropped. Any help is greatly appreciated.

PS. Ticket was issued on 19th Dec 22, alleged contravention was on 12th Dec 22, and I've not sent any reply as yet.

Half_way

Was the vehicle parked? or was the vehicle stopped?

 - ie for loading/unloading/checking directions etc?

take a look at other airport threads on here, as well as jopson vs homegaurd which outlines amongst other things that stopping to unload or load ( passengers or goods)  is not pakring

So it wold appear that you have been issued a parking charge notice, where no parking incident has taken place

Savingallmymoney

Thanks for the reply, Half_Way! The vehicle was indeed stopped for about 10 seconds but wasn't parked. The driver didn't get out and one passenger was loaded.

One other question mark that Google maps revealed is that the pubic road is a red route and there are small signs saying you're not allowed to stop next to the signs about ANPR being in use etc. Still, can APCOA enforce that on a public road?!

fisherjim

Savingallmymoney said:

Thanks for the reply, Half_Way! The vehicle was indeed stopped for about 10 seconds but wasn't parked. The driver didn't get out and one passenger was loaded.

One other question mark that Google maps revealed is that the pubic road is a red route and there are small signs saying you're not allowed to stop next to the signs about ANPR being in use etc. Still, can APCOA enforce that on a public road?!

It's private land, not a public road as such but covered by airport by-laws, they use signage that is used on public highways to add to the fake legitimacy of their made up terms and conditions.

Half_way

As before, take alook at ther airport threads, the key art is that being airpot land by laws will apply making it no relevant land as far as PoFA goes.

 You should eb able to find the by laws on line somewhere, or at the very least areas where they are in force , terms such as luton aerodrome by laws, airfeild by laws, and airport by laws should point you in the right direction

Savingallmymoney

Thanks. Will I need to include all of this in my initial appeal or is it going to get rejected regardless and have to go to POPLA?

Fruitcake

The easiest thing to do is use the template in blue text exactly as it is, then add a single paragraph that the vehicle was not parked, and the alleged event occurred on non-relevant land where airport byelaws apply, the NTK was not PoFA compliant and therefore the keeper cannot be held liable. APCOA should therefore cancel now to save themselves time and money.

Coupon-mad

Just copy any non-POFA case where I've replied 'easy when you know how'.  I last replied thusly on 28th December so it's easy to find in my replies.

Savingallmymoney

That's great, thanks very much for all the replies. I'll add a paragraph to the standard reply as suggested by Fruitcake and I'll check out your replies, Coupon-mad.

Let's see how this goes!

Coupon-mad

"I'll add a paragraph to the standard reply"

No.  Robust 'NON-POFA get lost' wording kills it dead.

Savingallmymoney

Oh! Ok. I'll look at your replies and go from there.